Senate President Godswill Akpabio yesterday responded to a letter by Femi Falana (SAN) demanding the urgent recall of suspended Senator Abdul Ningi (Bauchi Central).
Through his counsel, Umeh Kalu (SAN) of Seasons Law Firm, the Senate President faulted Falana’s claim that he was solely responsible for Ningi’s suspension.
The letter reads: “We have carefully read through your analysis of the facts and circumstances leading to your client’s suspension from the Senate of the Federal Republic of Nigeria, and, are unable to find reason in your verdict of our client’s sole culpability in the said suspension. We, therefore, plead non est factum (“it is not my deed”) for our client.
“The decision and resolution to suspend Senator Abdul Ahmed Ningi was that of the Senate of the Federal Republic of Nigeria sitting in plenary and not that of Senator Godswill Obot Akpabio, CON.
“In addition to the above and contrary to the contents of your letter under reference, our client was at no time your client’s accuser, prosecutor and judge.
“Our client’s role at the session of the Senate that led to your client’s suspension was and remains the statutory role of a Legislative House Presiding Officer, which role equally includes pronouncing the majority decision of the Legislative House at the end of debate and voting.
“Permit us to mention your attempt at drawing our client’s attention to legal authorities and pronouncements of our courts of record on the unconstitutionality of suspending members of Legislative Houses, which attempt we dare say was unhelpful, due to your failure or refusal to make available the relevant particulars of the said Court decisions in your letter.
“You may wish to provide these legal authorities which you have alluded to, bearing in mind that every decision of a Court emanates from its peculiar facts, circumstances and extant Laws.
“In as much as it may not be necessary to canvass herein all the remedies available to our client, in response to your threats of court action and petition to the Legal Practitioners Disciplinary Committee (LPDC), it is important we mention that legislative proceedings are guided by Rules and that certain privileges enure to legislators for their actions in the course of legislative sessions.
“Furthermore, our client though a lawyer by profession does not sit and preside over the sessions of the Senate of the Federal Republic of Nigeria as a lawyer, or in the discharge of his services as a legal practitioner.
“We urge you to give due consideration to the legal issues raised in this letter and be guided accordingly in your further and future action in respect of this matter.
“Please, accept the assurances of our professional regards.”
